Sarah Gersten
Fri, July 8, 2022
As the trial for WNBA star Brittany Griner continues in Russia, politicians, celebrities and ordinary people who are outraged that Griner could face 10 years in prison for packing some hash oil cartridges in her carry-on have ramped up their push for her release.
Grassroots protests have been organized across the United States, from Phoenix, Arizona, to Harlem in New York. A petition on Change.org surpassed 310,000 signatures. Celebrities, athletes and prominent politicians continue to pile on the pressure.
The near universal support for Griner is by no means surprising. Not only is she a beloved, internationally recognized athlete, but the majority of Americans (68%, to be precise) support legalizing marijuana. Seventy percent of Americans also support clearing past cannabis convictions from criminal records for nonviolent offenders.
Cannabis is a Schedule I drug in the USA
Ironically – and despite the public’s overwhelming support for an end to cannabis criminalization – the draconian Russian laws that led to Griner’s detention are similar to our own. After all, cannabis remains a Schedule I drug in the United States. This means that under federal drug trafficking guidelines, any U.S. citizen could face a jail sentence for flying with hash oil.
Again and again: Jayland Walker left his gun in the car. Then Akron police shot him 60 times.
That's not a hypothetical situation. More than 100,000 Americans languish in pretrial detention on drug charges. And, like Griner in Russia, non-U.S. citizens are regularly prosecuted under our harsh drug laws for crossing our border with cannabis.
WNBA star Brittney Griner has been detained in Russia since Feb. 17, 2022, when Russian officials alleged she was carrying vape cartridges with hashish oil in her luggage while returning to the Russian basketball club she plays for during the offseason.
Of course, there is a major differentiating factor in Griner’s case. She’s a celebrity. But excepting her status as a pro athlete, Griner – a Black gay woman – would be subject to the disproportionately higher rates of enforcement for cannabis possession that affect marginalized communities, particularly people of color, in the United States.
Griner pleaded guilty Thursday but said she did not intend to violate Russia's laws. Russian officials have signaled their openness to negotiating Griner's fate with the United States only after a verdict is reached in her case.
Russian authorities need to stop using Griner as a political pawn and release her from detention. At the same time, U.S. authorities must stop acting hypocritically and change our laws so we’re not continuing to unjustly detain people for cannabis here at home.
President Biden has yet to act on cannabis reform
For those aware of the state of cannabis criminalization in America, the Biden administration’s underwhelming response to this case comes as no surprise.
Why isn't WNBA's Brittney Griner home? Americans need to know
War on cops? Far from it. Biden takes a nudge-and-nurture approach to police reform.
Despite promising to release those in jail for cannabis and expunge their records, President Joe Biden has done nothing when it comes to cannabis policy reform.
Although more and more states have chosen to legalize marijuana, federal cannabis arrests – which had been steadily declining for the past decade – actually increased from 2020 to 2021.
Given the fact Biden has failed to help release tens of thousands of individuals wrongfully detained on nonviolent cannabis charges here in America, it feels naive to expect him to secure Griner's freedom. (In a call Wednesday, Biden told Griner's wife that he is working to get Griner released "as soon as possible.")
Nonetheless, we must continue to push our elected leaders on this popular, bipartisan issue.
Congress must act – quickly
Our best hope for domestic change lies with Congress, as pundits expect Biden will sign a federal legalization bill that includes broad criminal justice provisions if one makes it to his desk. This is a daunting task, of course.
The Marijuana Opportunity Reinvestment and Expungement Act passed a vote in the House but has failed to gain traction in the Senate.
That said, we have at least two more bites at the apple. The long-anticipated Cannabis Administration and Opportunity Act, co-sponsored by Senate Majority Leader Chuck Schumer, is said to be nearing introduction. And there remains some traction behind the Republican-led States Reform Act.
Can Congress bag a cannabis bill? Legalization hopes may be soaring too high.
It’s worth noting that both the MORE Act and the States Reform Act include language that would resentence federal cannabis prisoners and clear some of their records. A forthcoming bill from Senate Democrats is also expected to automatically expunge nonviolent federal marijuana crimes and provide for resentencing.
Even so, Congress needs to act, and fast. The midterm elections are just a few months away, and a Republican-controlled Congress would make the already difficult prospect of federal legalization a nonstarter.
Sarah Gersten is the executive director and general counsel of Last Prisoner Project.
If we truly want to progress past our country’s shameful war on drugs, the time to act is now.
Sarah Gersten, executive director and general counsel of Last Prisoner Project, is also a member of the National Cannabis Bar Association, the NORML Legal Committee and the National Lawyers Guild.
This column is part of a series by USA TODAY Opinion about police accountability and building safer communities. The project began in 2021 by examining qualified immunity and continues in 2022 by examining various ways to improve law enforcement. The project is made possible in part by a grant from Stand Together, which does not provide editorial input.
WNBA's Brittney Griner deserves our support as she sits in a Russian jail cell
Danielle Gilbert
Danielle Gilbert is a Rosenwald Fellow in U.S. Foreign Policy and International Security at the John Sloan Dickey Center for International Understanding at Dartmouth College.
Danielle Gilbert is a Rosenwald Fellow in U.S. Foreign Policy and International Security at the John Sloan Dickey Center for International Understanding at Dartmouth College. Follow her on Twitter: @_danigilbert
This article originally appeared on USA TODAY: Brittney Griner is languishing in Russian prison. America should care.
Danielle Gilbert
Thu, July 7, 2022
WNBA superstar Brittney Griner is imprisoned in Russia, and the public silence has been deafening. It’s hard to imagine a male athlete with Griner’s record – a seven-time All-Star player and two-time Olympic gold medalist holding mind-boggling records in dunks and blocked shots – sitting for months in a Russian prison.
A letter from Griner was recently delivered to President Joe Biden, appealing for help: "As I sit here in a Russian prison, alone with my thoughts and without the protection of my wife, family, friends, Olympic jersey, or any accomplishments, I’m terrified I might be here forever.”
Many WNBA fans have wondered: What if, instead, an NBA champion had been wrongfully detained? The same question was pondered by Griner's coach, Vanessa Nygaard.
Brittney Griner pleaded guilty on July 7, 2022, in a Russian court on drug charges that have led the U.S. government to classify her as "wrongfully detained." The WNBA star is due back in court in a week, Reuters reported. Griner's guilty plea is unlikely to change much, because her pretrial detention already had been extended for six more months. The trial could last that long, and it's likely a predetermined outcome has already been decided at a higher level, Russian legal expert Jamison Firestone told USA TODAY.
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It’s not Griner’s gender but rather the circumstances of her arrest inviting silence if not outright hostility from the American public. When Americans are taken hostage by foreign governments, silence can be a good strategy. But in Griner’s case, it showcases our biases – and weakens efforts to bring her home.
In February, the Olympian was detained by Russian authorities, who allegedly found a vape cartridge with hashish oil in her luggage. Griner has been accused of transporting illegal narcotics and could be sentenced up to 10 years in Russian prison.
On Thursday, she pleaded guilty to drug charges in a Russian court: "I'd like to plead guilty, your honor. But there was no intent. I didn't want to break the law."
'Understated, if not hostile'
In the weeks after Griner’s arrest, the world heard little of her ordeal as Russia launched an invasion of Ukraine.
If Russian President Vladimir Putin intended to hold Griner hostage, the logic went, he would want to evaluate how much she was worth. More attention could mean a higher price in a deal to bring her home.
However, as criminal justice gave way to farce, Griner’s circle has broken their silence. While Russian media float a potential prisoner exchange, Griner’s supporters launched a Change.org petition to press the White House to negotiate her release. The WNBA paid tribute to Griner on all home courts. The Boston Celtics wore "WE ARE BG" shirts to practice during the NBA finals. Several star players – including Stephen Curry, Carmelo Anthony and LeBron James – have used their platforms to advocate for her freedom.
'I was shot': Talking to survivors of the Highland Park shooting left me humbled
The reaction to this campaign has been understated, if not hostile. As of Thursday, more than 300,000 people have signed the online petition calling for Griner’s release. This sounds like a lot, until you compare it with over 270,000 opposing chicken abuse or more than 400,000 supporting males wearing nail polish in school. Over 536,000 signed a petition to release Washington Post journalist Jason Rezaian from Iranian prison.
Moreover, some online responses have been negative, arguing that because Griner (allegedly) broke a law, she should be punished.
Who deserves sympathy?
What explains the surprisingly muted – and in some cases negative – response to Griner’s plight? In short, Americans deem some hostages “bad victims,” unworthy of government support.
WNBA star and two-time Olympic gold medalist Brittney Griner is escorted to a courtroom outside Moscow on July 7, 2022.
First, the media sees some victims as more newsworthy than others. Griner is a record-breaking, all-star athlete, but she’s also Black, gay and gender nonconforming. Research shows some of these traits could make her far less likely to receive the same attention that another victim might. A theory known as the "missing white woman syndrome" suggests that white, female hostages are far more likely to receive attention than their nonwhite counterparts.
Suzette Hackney: Jayland Walker left his gun in the car. Then Akron police shot him 60 times.
Second, the American public sees some victims as more deserving than others. Deservingness is the notion that how someone came to require help is an important determinant for whether she should receive it.
In ongoing research, Lauren Prather and I show that the deservingness heuristic explains support for hostage recovery efforts. The government must expend resources to bring hostages home through prisoner exchanges, ransom payments or rescue missions – risking votes, treasure and lives. American citizens vary in the extent to which they believe that hostages used poor judgment or were simply unlucky in getting captured.
Those Americans who believe that hostages are responsible for the circumstances of their captivity are less likely to deem those hostages worthy of recovery – and are therefore more likely to oppose government efforts to bring the hostage home.
This research may shed light on the seemingly underwhelming response to the WE ARE BG movement. Despite lacking any credible evidence that Griner was transporting narcotics, some Americans are quick to say that she broke a law. Some question Griner’s judgment in traveling to Russia at a time of increasing international tensions. To those holding such views, Griner deserves to be punished – not helped – for her personal responsibility in being detained by an autocratic state.
Fix the Supreme Court: Don't blame justices for behaving as expected
On Wednesday, President Joe Biden spoke by phone with Cherelle Griner, the WNBA star's wife, and read her a letter that he plans to send the basketball player while she remains detained in Russia.
"The president called Cherelle to reassure her that he is working to secure Brittney’s release as soon as possible," the White House said in a statement that also singled out Biden's efforts to bring home Paul Whelan and other U.S. nationals "wrongfully detained or held hostage" in Russia. "He also read her a draft of the letter the president is sending to Brittney Griner today."
The White House would not disclose what Biden's letter says.
If the goal of advocacy campaigns is to pressure the Biden administration to act, more public support for deserving victims should translate to more public pressure. The tendency to blame Griner and other detainees for their circumstances will only make that harder.
WNBA superstar Brittney Griner is imprisoned in Russia, and the public silence has been deafening. It’s hard to imagine a male athlete with Griner’s record – a seven-time All-Star player and two-time Olympic gold medalist holding mind-boggling records in dunks and blocked shots – sitting for months in a Russian prison.
A letter from Griner was recently delivered to President Joe Biden, appealing for help: "As I sit here in a Russian prison, alone with my thoughts and without the protection of my wife, family, friends, Olympic jersey, or any accomplishments, I’m terrified I might be here forever.”
Many WNBA fans have wondered: What if, instead, an NBA champion had been wrongfully detained? The same question was pondered by Griner's coach, Vanessa Nygaard.
Brittney Griner pleaded guilty on July 7, 2022, in a Russian court on drug charges that have led the U.S. government to classify her as "wrongfully detained." The WNBA star is due back in court in a week, Reuters reported. Griner's guilty plea is unlikely to change much, because her pretrial detention already had been extended for six more months. The trial could last that long, and it's likely a predetermined outcome has already been decided at a higher level, Russian legal expert Jamison Firestone told USA TODAY.
Secretary-general of the U.N.: These five steps will help us kick our fossil fuel addiction and save the planet
It’s not Griner’s gender but rather the circumstances of her arrest inviting silence if not outright hostility from the American public. When Americans are taken hostage by foreign governments, silence can be a good strategy. But in Griner’s case, it showcases our biases – and weakens efforts to bring her home.
In February, the Olympian was detained by Russian authorities, who allegedly found a vape cartridge with hashish oil in her luggage. Griner has been accused of transporting illegal narcotics and could be sentenced up to 10 years in Russian prison.
On Thursday, she pleaded guilty to drug charges in a Russian court: "I'd like to plead guilty, your honor. But there was no intent. I didn't want to break the law."
'Understated, if not hostile'
In the weeks after Griner’s arrest, the world heard little of her ordeal as Russia launched an invasion of Ukraine.
If Russian President Vladimir Putin intended to hold Griner hostage, the logic went, he would want to evaluate how much she was worth. More attention could mean a higher price in a deal to bring her home.
However, as criminal justice gave way to farce, Griner’s circle has broken their silence. While Russian media float a potential prisoner exchange, Griner’s supporters launched a Change.org petition to press the White House to negotiate her release. The WNBA paid tribute to Griner on all home courts. The Boston Celtics wore "WE ARE BG" shirts to practice during the NBA finals. Several star players – including Stephen Curry, Carmelo Anthony and LeBron James – have used their platforms to advocate for her freedom.
'I was shot': Talking to survivors of the Highland Park shooting left me humbled
The reaction to this campaign has been understated, if not hostile. As of Thursday, more than 300,000 people have signed the online petition calling for Griner’s release. This sounds like a lot, until you compare it with over 270,000 opposing chicken abuse or more than 400,000 supporting males wearing nail polish in school. Over 536,000 signed a petition to release Washington Post journalist Jason Rezaian from Iranian prison.
Moreover, some online responses have been negative, arguing that because Griner (allegedly) broke a law, she should be punished.
Who deserves sympathy?
What explains the surprisingly muted – and in some cases negative – response to Griner’s plight? In short, Americans deem some hostages “bad victims,” unworthy of government support.
WNBA star and two-time Olympic gold medalist Brittney Griner is escorted to a courtroom outside Moscow on July 7, 2022.
First, the media sees some victims as more newsworthy than others. Griner is a record-breaking, all-star athlete, but she’s also Black, gay and gender nonconforming. Research shows some of these traits could make her far less likely to receive the same attention that another victim might. A theory known as the "missing white woman syndrome" suggests that white, female hostages are far more likely to receive attention than their nonwhite counterparts.
Suzette Hackney: Jayland Walker left his gun in the car. Then Akron police shot him 60 times.
Second, the American public sees some victims as more deserving than others. Deservingness is the notion that how someone came to require help is an important determinant for whether she should receive it.
In ongoing research, Lauren Prather and I show that the deservingness heuristic explains support for hostage recovery efforts. The government must expend resources to bring hostages home through prisoner exchanges, ransom payments or rescue missions – risking votes, treasure and lives. American citizens vary in the extent to which they believe that hostages used poor judgment or were simply unlucky in getting captured.
Those Americans who believe that hostages are responsible for the circumstances of their captivity are less likely to deem those hostages worthy of recovery – and are therefore more likely to oppose government efforts to bring the hostage home.
This research may shed light on the seemingly underwhelming response to the WE ARE BG movement. Despite lacking any credible evidence that Griner was transporting narcotics, some Americans are quick to say that she broke a law. Some question Griner’s judgment in traveling to Russia at a time of increasing international tensions. To those holding such views, Griner deserves to be punished – not helped – for her personal responsibility in being detained by an autocratic state.
Fix the Supreme Court: Don't blame justices for behaving as expected
On Wednesday, President Joe Biden spoke by phone with Cherelle Griner, the WNBA star's wife, and read her a letter that he plans to send the basketball player while she remains detained in Russia.
"The president called Cherelle to reassure her that he is working to secure Brittney’s release as soon as possible," the White House said in a statement that also singled out Biden's efforts to bring home Paul Whelan and other U.S. nationals "wrongfully detained or held hostage" in Russia. "He also read her a draft of the letter the president is sending to Brittney Griner today."
The White House would not disclose what Biden's letter says.
If the goal of advocacy campaigns is to pressure the Biden administration to act, more public support for deserving victims should translate to more public pressure. The tendency to blame Griner and other detainees for their circumstances will only make that harder.
Danielle Gilbert is a Rosenwald Fellow in U.S. Foreign Policy and International Security at the John Sloan Dickey Center for International Understanding at Dartmouth College.
Danielle Gilbert is a Rosenwald Fellow in U.S. Foreign Policy and International Security at the John Sloan Dickey Center for International Understanding at Dartmouth College. Follow her on Twitter: @_danigilbert
This article originally appeared on USA TODAY: Brittney Griner is languishing in Russian prison. America should care.
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